NEW JERSEY DIVORCE MEDIATION

The court reverses the order enforcing a New Jersey divorce settlement allegedly reached during a court-ordered mediation session. It was error to allow the court-appointed mediator to testify, in violation of Rule 1:40-4(c).  And even without the mediator's testimony, the finding that the parties reached a settlement was not supported by the evidence, especially since both parties stipulated they failed to settle 3 significant issues.  Lehr v. Afflitto, App. Div. ___N.J. Super.___(App. Div. 2006), New Jersey App. Div., January 23, 2006